Equal treatment for employees in similar positions based on the resolution dated 17.10.1988.

JUDGMENT :

1. Rule returnable forthwith. Mr. H.S. Munshaw, learned advocate waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. The prayers made in this petition are to direct the respondents to grant the benefits of the GR dated 17.10.1988 i.e. pay scales, dearness allowance, pension in favour of the petitioners.

4. Facts in brief would indicate that the petitioner was appointed as a Daily Wager in the year 1987. On 12.9.1988, the respondents illegally terminated him. The petitioner raised an industrial dispute before the Labour Court, Bhavnagar which was allowed. The respondents were directed to reinstate the petitioner with continuity but without backwages. The order was challenged by filing SCA No.11050/2006. On 17.8.2006 reinstated the petitioner. The petition was partly allowed. The award as far as reinstatement with continuity of service was confirmed but without backwages.

5. Mr. Rathod, learned counsel for the petitioner would submit that despite 34 years of service, the petitioner has not been granted the benefits of GR dated 17.10.1988 whereas his colleague who was similarly situated was granted the benefit on 29.9.2020.

6. Mr. Munshaw, learned counsel for the respondent – Board would submit that affidavit-in-reply clearly states that the petitioner is not entitled to the benefits. He would submit that unless 240 days are completed in a year, no benefits would accrue merely because of the award of continuity should be given.

7. Having heard the learned advocates for the respective parties, what is evident is that the petitioner was engaged since 1987. He on termination of services, when approached the Labour Court was granted the benefit of reinstatement with continuity of service which was not disturbed on a challenge before this Court. Also what is material is that at Annexure `H,’ his colleague whose service record and case is similar to that of the petitioner, pursuant to various orders passed in SCA No.14956/2015 was granted the benefits of GR dated 17.10.1988 by order dated 29.9.2020. There is therefore no reason why the petitioner also is not entitled to the benefits of the GR dated 17.10.1988.

8. In SCA No.2811 of 2020, this Court passed the following order on 31.1.2020:

“1. In the facts and circumstances of the case and with consent and request of the parties appearing through their respective learned advocates, the petition was taken up for final consideration today.

2. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Ishan Joshi waives service of notice of Rule on behalf of the respondents.

3. The case of the petitioner is that the petitioner has been working with the respondent since 1991. His services were terminated with effect from 01.08.1999. Aggrieved by his order of termination, the petitioner approached the Labour Court and the Labour Court directed that the petitioner be reinstated with continuity of service and 40% back-wages. The award of the Labour Court was passed on 05.05.2008. The challenge to the Labour Court's award failed as the petition was dismissed confirming the award of reinstatement with continuity of service and disturbing the award only qua back-wages. The petitioner was reinstated on 01.01.2013. The impugned orders rejecting the request of the petitioner for the benefit of the resolution dated 17.10.1988 is only on the ground that the petitioner's appointment was post 1988 i.e. in the year 1992. In case of a similarly situated petitioner of the same department, this Court by order dated 15.07.2019 passed in case of Chandulal Mohanbhai v. State of Gujarat passed in Special Civil Application No.12120 of 2019 considered the question of granting the benefits of the resolution of 17.10.1988 in context of the stand of the department denying the same to such petitioner on the ground that he was appointed post 1988. The Court held as under:

“4.1 Thereaft